Coverage under contract work hours

Under 1926.11(a), federal contracts that require or involve the employment of laborers or mechanics and contracts assisted by federal loans, grants, or guarantees under statutes that provide wage standards are covered by section 103.

• This includes construction contracts and other contracts that employ laborers or mechanics. See Coverage under 1926.11(a).
• The text explains that statutes "providing wage standards for such work" include those that require payment of minimum wages according to prevailing wage findings by the Secretary of Labor (e.g., Davis-Bacon). See 1926.11(a)(1).

No. Contracts where the only federal assistance is a loan guarantee or insurance are excluded from the overtime requirements under section 103.

• The exclusion is stated explicitly in 1926.11(a)(1).
• If federal assistance takes another form (grants, direct loans, etc.) and the statute supplying the assistance includes wage standards, the overtime rules may apply (see 1926.11(a)).

Under 1926.11(a)(1), "statutes providing wage standards for such work" include statutes for construction that require payment of minimum wages in accordance with prevailing wage findings by the Secretary of Labor, such as the Davis-Bacon Act.

• The standard text identifies these wage statutes and references the Secretary of Labor's prevailing wage findings; see 1926.11(a)(1).
• If a contract is assisted by federal funds under such a statute, the overtime requirements under section 103 may apply (see 1926.11(a)).

Under 1926.11(b), a contract is covered by section 107 only if (1) it is entered into under a statute that is subject to Reorganization Plan No. 14 of 1950, and (2) it is for construction, alteration, and/or repair, including painting and decorating.

• The two-part test is set out in 1926.11(b).
• Both conditions must be met for section 107 coverage to apply; meeting only one is not sufficient (see 1926.11(b)).

No. Section 107 applies only to contracts that are for "construction, alteration, and/or repair, including painting and decorating," so pure supply or non-construction service contracts do not meet the second condition in 1926.11(b).

• Even if the contract is entered under a statute subject to Reorganization Plan No. 14, it must also be for construction-type work to be covered (see 1926.11(b)).

Section 103 (discussed in 1926.11(a)) covers federal contracts that require or involve employment of laborers or mechanics and contracts assisted by federal loans, grants, or guarantees under statutes providing wage standards; it governs overtime requirements. Section 107 (discussed in 1926.11(b)) is narrower in that it applies only to contracts entered into under statutes subject to Reorganization Plan No. 14 of 1950 and only to construction, alteration, or repair work (including painting and decorating).

• In short: section 103 focuses on employment and federal assistance under wage statutes for overtime rules, while section 107 focuses on specific statutory authority plus the contract being for construction-type work (see 1926.11(a) and 1926.11(b)).

Yes. If a construction contract is assisted by a federal grant under a statute that "provides wage standards" (for example, requires prevailing wages), it is covered by section 103 for overtime purposes under 1926.11(a).

• The standard explicitly includes contracts "assisted in whole or in part by Federal loans, grants, or guarantees under any statute 'providing wage standards for such work'" (see 1926.11(a)(1)).
• Remember that an assistance form limited to loan guarantees or insurance is excluded from overtime coverage (see 1926.11(a)(1)).

Yes. The phrase is broad and covers federal contracts that require or involve the employment of laborers or mechanics, which can include but is not limited to construction contracts, as stated in 1926.11(a).

• The standard explicitly notes that this category includes, but is not limited to, contracts for construction (see 1926.11(a)).
• Whether a specific non-construction contract qualifies depends on whether it actually requires or involves laborers or mechanics and any applicable wage-statute connections (see 1926.11(a)(1)).

The Secretary of Labor issues prevailing wage findings referenced in 1926.11(a)(1).

• The standard text links the wage findings to the Secretary of Labor's determinations (for example, under the Davis-Bacon Act); see 1926.11(a)(1).

Yes. If the contract for painting is entered under a statute subject to Reorganization Plan No. 14 of 1950, then painting (expressly listed) would satisfy the construction/repair category and the contract would be covered by section 107 per 1926.11(b).

• Both conditions must be met: the relevant statute must be subject to Reorganization Plan No. 14, and the work must be construction/alteration/repair (including painting and decorating) as described in 1926.11(b).

An employer should check the contract and applicable federal statute to see (a) whether the contract requires or involves employment of laborers or mechanics or is assisted by federal loans/grants/guarantees under a wage statute (section 103 factors), and (b) whether the contract was entered under a statute subject to Reorganization Plan No. 14 and is for construction/alteration/repair (section 107 factors). See 1926.11(a) and 1926.11(b).

• If unclear, consult the contracting officer, legal counsel, or the Department of Labor for authoritative determination. The standard provides the coverage criteria but application to a specific contract may require legal review (see 1926.11).

Yes. If the privately contracted renovation is assisted by a federal grant under a statute that provides wage standards (for example, requires prevailing wages), it could be covered by the overtime provisions of section 103 as described in 1926.11(a)(1).

• Coverage depends on the form of federal assistance and whether the assisting statute imposes wage standards; grants that trigger prevailing-wage requirements bring the project within the scope described in 1926.11(a).
• Note that loan guarantees or insurance-only assistance are excluded (see 1926.11(a)(1)).

No. 1926.11(b) states that section 107 applies to contracts entered into under statutes subject to Reorganization Plan No. 14 of 1950, but the text does not list which statutes are subject to that Plan—the employer must determine whether the governing statute is subject to the Plan. See 1926.11(b).

• Because 1926.11(b) requires both the Plan-subject statute and construction/repair work, employers should consult the contracting agency or legal counsel to confirm whether the governing statute is subject to Reorganization Plan No. 14 (see 1926.11(b)).

Yes. OSHA Letters of Interpretation that explain when work is covered by construction standards can help clarify whether specific activities are "construction" for section 107 purposes, but 1926.11 itself sets the statutory coverage test. For example, OSHA's Letter of Interpretation about asbestos remediation explains that certain remediation and repair activities are covered under the construction asbestos standard [29 CFR 1926.1101], which may be useful when determining whether work is construction-related. See the asbestos LOI at Asbestos remediation protocols and 1926.11(b).

• Use relevant Letters of Interpretation to understand how OSHA has applied construction definitions and standards in similar situations, but rely on the two-part test in 1926.11(b) for section 107 coverage decisions.
• If questions remain about classification, consult the contracting agency, OSHA regional office, or legal counsel for an authoritative application to the specific contract.